CIVIL LIBERTIES AND CIVIL RIGHTS
The U.S. Constitution guarantees Americans a large constellation of rights
and liberties. The terms “civil liberties” and “civil rights” are often used
interchangeably in this context, although their meanings are somewhat
different.
Civil liberties are “freedoms” that are guaranteed to the individual; they
take the form of negative constraints on the power of government [i.e.,
1st Amendment freedoms - speech, press, religion]. They declare what
the government CANNOT DO.
Civil rights are the powers or privileges guaranteed to the individual and
are protected from arbitrary removal at the hands of government of other
individuals [i.e., right to vote, right to jury trial in criminal cases].
Today, civil rights have also come to include the objectives of laws that
further these and other values. For instance, the Civil Rights Act of 1964
furthered the value of equality by establishing prohibitions against
discrimination in public accommodations and employment practices.
Civil rights declare what the government MUST DO or PROVIDE.
When we refer to both civil liberties and civil rights under the U.S.
Constitution, we mean the protections enshrined in the Bill of Rights and
the 14th Amendment.* These include:
• freedom of religion
• freedom of the press
• freedom of speech
• right to peaceably assemble
• right to petition government for redress of grievances
• right to privacy
• rights of the criminally accused/requirement of “due process of law”
• the guarantee of equal protection of the laws
*There are also several civil liberties/rights outlined in the main body of the
Constitution [i.e., prohibition against ex post facto laws and the suspension
of the writ of habeas corpus among others]. Additionally, many state
constitutions contain bills of rights, protecting many of the same rights and
liberties associated with the U.S. Constitution.
Civil Liberties - An Issue of Line Drawing
Perceived Right
of the individual
[i.e., right to
privacy, right of
free speech, right
of free worship,
etc.]
Perceived
“compelling state
interest”*
[usually arguments
fall under state police
power - power to
protect public safety
and morals]
*The state must show why its interest is compelling enough to justify regulation of the individual’s
right.